Results 1 to 2 of 2
  1. #1
    Join Date
    Jun 2015
    Posts
    14

    Default Tenant Possession

    My question involves landlord-tenant law in the State of: Maryland

    The tenants in one of my rentals were on a month to month lease. I advised them the lease would end and served them a lease termination notice (30 day notice). At the end of the 30 days, they claimed they were having difficulty finding a new place and asked for a week extension. It was granted. While they did move out, they have not finished moving their possessions and have not given a time frame when their possessions would be gone. They have not offered, nor have we asked for any rent during the period after the termination date of the lease.
    My question is, in Maryland, is this now abandoned property, and what are my limitations in moving/disposing of these items? They have left obvious junk like tires, broken yard furniture and the like, and there is a bunch of auto service items (chemicals) jacks, tool box etc in the garage, and household items (lamps, small end tables, boxes of clothes) in the house. There is no furniture, no chairs, beds, dressers and the like.

    While I am starting court eviction process, I really don't have to evict them, they are already gone, do I need to evict their stuff as well?

    Thanks,

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Tenant Possession

    The Maryland landlord tenant statute says little on the subject of tenant's abandoned property. See 8-208(6):

    https://law.justia.com/codes/marylan...-2/sect-8-208/

    However, the Maryland Court of Appeals in Nickens v. Mount Vernon Realty (2012) provides a history of self-help repossession in Maryland and allows for disposal of a tenant's abandoned property in a reasonable manner.

    https://scholar.google.com/scholar_c...en&as_sdt=4,21

    "Despite the Parkses' and MVRG's threats that they would repossess the house, the record as developed to that point, revealed no evidence as to whether, prior or subsequent to the repossession, they alerted Nickens as to when or how they would dispose of his property, whether he would have an opportunity to collect his property later, or for how long they or someone might hold his property."

    That paragraph suggests that it would be a good idea (for self preservation) to send written notice to the tenant giving a deadline date to remove the items after which you will dispose of the items, either by sale, donation, or trash, and any proceeds from sale will be applied to unpaid rent and/or the cost of disposal. Photograph the items and do not keep any items for yourself.

    1. Sponsored Links
       

Similar Threads

  1. Rent and Utilities: Does Leaving a Rent Statement on a Tenant's Door Violate Tenant Privacy Rights
    By lawfacts in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-31-2016, 06:22 AM
  2. Recovery of Premises: Can a Landlord Take Possession if a Tenant Has Paid the Rent but Moves Out Early
    By lawfacts in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-31-2016, 01:05 PM
  3. Adverse Possession: Can a Tenant Claim Adverse Possession
    By unclenampa in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 10-11-2014, 10:11 AM
  4. Adverse Possession: Can a Tenant Claim Adverse Possession on Property They Occupied Under a Lease
    By comengoexpress in forum Real Estate Ownership and Title
    Replies: 16
    Last Post: 06-23-2012, 07:31 PM
  5. Eviction Process: When Can I Take Possession if Tenant Appears to Have Moved but Left Items
    By landlord2205 in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 03-14-2012, 05:28 AM
 
 
Sponsored Links

Legal Help, Information and Resources